LUXEMBOURG – Fast food giant McDonald’s has lost the trademark rights to the Big Mac name for “poultry products” like chicken burgers, the EU General Court ruled today, reported German news agency (dpa).
McDonald’s “has not proven genuine use within a continuous period of five years in the European Union” of the trademark rights for certain products, a statement on the ruling from the EU’s lower court said.
The case centres on a long-running legal dispute between the US fast food giant and Irish fast food chain Supermac’s over the trademark rights to the Big Mac name.
McDonald’s has registered the name Big Mac since 1996. However, Supermac’s contested in 2017 that McDonald’s had not properly used the trademark for five years.
The European Union Intellectual Property Office (EUIPO) partially upheld this claim from Supermac’s but decided that the trademark would still remain with McDonald’s for meals made from beef and poultry, for sandwiches, and for restaurant services and drive-in facilities.
Now, the Luxembourg-based court has further limited McDonald’s rights to the trademark, ruling that McDonald’s may no longer use the trademark for poultry products like chicken burgers or for services in connection with restaurants and drive-in stores.
The EU General Court said McDonald’s submitted insufficient evidence to the EUIPO that the trademark was being seriously used for poultry products, such as sales volumes.
The well-known Big Mac, which McDonald’s says is made with beef, is unlikely to be affected by this decision.
The ruling may still be appealed against at the European Court of Justice, the EU’s highest legal chamber. – June 5, 2024